New Jersey Drunk Driving Defense Attorney

Drunk driving is not only dangerous, but a New Jersey DUI conviction can make finding a job, housing, and other opportunities challenging. A drunk driving conviction can also take your license and put a strain on your finances, leaving you in a vulnerable financial position.

Do you think you can beat a New Jersey DUI charge alone? Think again. New Jersey courts are tough on those accused of driving under the influence. You need the help and experience only a knowledgeable New Jersey drunk driving defense attorney can provide. Otherwise, you can find yourself facing significant and life-altering penalties.

At the Law Office of Jason A. Volet, our legal team can protect your rights and prepare a defense strategy to seek a favorable outcome for your situation. Our lawyers combine effective representation, practical knowledge, and extensive resources to help you fight back. Contact our New Jersey office immediately and request a free consultation 24/7. We are committed to serving you and giving you the legal advice you need to come out the other side of this situation.

Understanding Drunk Driving Charges in New Jersey

Many people in New Jersey use the abbreviations DUI and DWI interchangeably. New Jersey makes no distinction between the terms like other states. DWI stands for driving while intoxicated and is defined as operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or greater. The charge includes operating a vehicle while under the influence of intoxicating substances like narcotics and hallucinogens. A driver can also be accused of being under the influence if their mental or physical abilities are substantially affected, regardless of their BAC.

What Must the State Prove for a DUI Conviction?

Proving driving under the influence charges requires law enforcement to collect evidence supporting the claim that an individual was behind the wheel with a BAC above the legal limit of .08 percent or otherwise intoxicated. Observations, witness statements, and field sobriety test results are often used to try to prove they were operating a vehicle while impaired by drugs or alcohol.

In New Jersey, sitting behind the wheel of a vehicle with the engine running may be enough to warrant DUI charges. The operation of a vehicle does not always mean that the person is actively driving the car. New Jersey law does not explicitly define “operation of a vehicle.” An effective prosecuting attorney can argue that an impaired individual in the driver’s seat with the engine running was operating the vehicle while drunk. Individuals have even faced the consequences of a DWI conviction for sleeping off an evening out in their vehicle.

Understanding drunk driving charges in New Jersey can be complicated. That is why you need to discuss your specific situation with a knowledgeable drunk driving defense attorney as soon as possible.

What Are the Penalties for Drunk Driving Offenses?

The state does not take drunk driving offenses lightly. New Jersey has strict penalties for impaired driving, which can have long-lasting repercussions on individuals convicted of a DWI offense. New Jersey penalties for driving while intoxicated can be significant and include substantial fines and jail time. Penalties may involve:

First-offense DWI with BAC of .08 but less than .10 percent 

• Fines between $250 to $400
• Up to 30 days in jail
• Driver’s license suspension until an Ignition Interlock Device (IID) is installed
• IID for 3 months
• 2 consecutive 6-hour days in the Intoxicated Driver Resource Center (IDRC)
• Car insurance surcharge of $1,000 per year for 3 years

First-offense DWI with BAC of .10 but less than .15 percent 

• Fines between $300 to $500
• Up to 30 days in jail
• Driver’s license suspension until an IID is installed
• IID for 7 to 12 months
• 2 consecutive 6-hour days in the IDRC
• Car insurance surcharge of $1,000 per year for 3 years

First-offense DWI with BAC of .15 or higher 

• Fines between $300 to $500
• Up to 30 days in jail
• Driver’s license suspension for 4 to 6 months
• IID installed for suspension period and 9 to 15 months after license is restored
• 2 consecutive 6-hour days in the IDRC
• Car insurance surcharge of $1,000 per year for 3 years

Second-Offense DWI

• Fines between $500 to $1,000
• 48 hours to 90 days in jail
• Driver’s license suspension for 1 to 2 years
• IID for 2 to 4 years after license is restored
• Completion of an IDRC evaluation and program requirements
• 30 days of community service
• Car insurance surcharge of $1,000 per year for 3 years

Third-Offense DWI

• A fine of $1,000
• 180 days in prison
• Driver’s license suspension for 8 years
• IID for 2 to 4 years after license is restored
• Completion of an IDRC evaluation and program requirements
• 30 days of community service
• Car insurance surcharge of $1,500 per year for 3 years

A DWI conviction can also result in numerous financial penalties in the way of court costs, Drunk Driving Enforcement Fund surcharges, Intoxicated Driving Program fees, Motor Vehicle Commission restoration fees, and other fines. More significant penalties can occur in cases where a minor passenger was in the car at the time of the DWI.

There are other potential penalties you can face following a DUI conviction, such as the damage to your personal and professional reputation. You may find it challenging to secure employment or side hustles in specific sectors. You may also experience difficulties finding housing, educational, and financial opportunities. The consequences of a DWI conviction can extend to numerous parts of your life.

Can I Refuse a Breathalyzer Test?

Technically, you could refuse to take a breathalyzer test in New Jersey. However, be aware that there are consequences to your refusal.

What Is the NJ Implied Consent Law?

New Jersey has an implied consent law. Individuals driving motor vehicles on public roadways give their implicit consent to submit to a breath test from law enforcement if they have reasonable grounds to suspect intoxication.

What Are the Consequences of Refusing a Breathalyzer Test?

Drivers who refuse to submit to a breathalyzer test can be fined $300 to $500 for a first offense and lose their driver’s license until they install an Ignition Interlock Device. Refusing a breath test a second time can lead to fines of $500 to $1,000 and a 1-to-2-year driver’s license revocation. A third offense carries a $1,000 fine and license revocation for 8 years.

There may be effective defense strategies for handling breath test refusals. However, the approach best suited to your case depends on the relevant factors of your refusal and law enforcement interaction. Always consult a New Jersey DWI lawyer for help if you’ve refused to take a breathalyzer test.

How Can a New Jersey DUI Defense Lawyer Help Me?

Navigating DWI charges can be frightening. Never attempt to manage the situation alone. You likely can’t talk your way out of a DWI without legal help from a skilled drunk driving defense attorney. Law enforcement can and will use your statements against you to help prosecutors build their case. DWI is a significant offense in New Jersey. A driving while intoxicated conviction can cost you your physical and financial freedom.

A New Jersey drunk driving defense attorney can protect your legal rights. At the Law Office of Jason A. Volet, our legal team will take the time to evaluate your situation and provide comprehensive and personalized representation. We understand the unique aspects of the New Jersey criminal justice system and use our knowledge and resources to help individuals charged with DWI.

Our lawyers will help you prepare for what’s to come from beginning to end. Fighting a DWI takes time and may require court appearances. We want you to know your rights, and we’ll help you through all aspects of a DWI case as we work on a resolution to your charges. We’ll also offer you much-needed support. Facing a DWI can be challenging without the assistance and support of others. You may find that friends and family are not supporting you like they used to or that your personal and professional relationships have deteriorated. No matter what, we are here for you.

What Do We Do to Craft Your Defense Strategy?

Every New Jersey DWI case is unique. At the Law Office of Jason A. Volet, our New Jersey drunk driving defense team never takes a cookie-cutter approach to crafting a defense strategy. We personalize the legal advice we provide and tailor our plan to the unique factors in your case. You can expect the following service when you hire us to handle your DWI charges.

We Analyze the Arrest Procedures

We start the legal process by carefully analyzing your arrest and law enforcement procedures. Rights violations by law enforcement can significantly impact your case and the value of the evidence against you.

We Research the Field and Chemical Testing

We also take the time to research sobriety procedures in the field and the quality of the chemical testing used in your case. Mishandling evidence and contamination can taint proof and lead to unreliable results.

We Challenge the Prosecution’s Case

After evaluating all aspects of your charges, we prepare challenges to the prosecution’s case through motions and other legal challenges. We use this strategy to ensure the prosecution can’t present specific information and pieces of evidence in court because of flaws in their collection or mishandling that could undermine your case.

We Form a Tailored Defense

We’ll also question the BAC evidence, present alternative explanations, and protect your constitutional rights. From start to finish, our drunk driving defense team will carefully craft a strategy to pursue a favorable outcome. During every step, we’ll communicate with you so you know where your case stands and what we are doing to protect you.

How Much Will a New Jersey DUI Defense Lawyer Cost Me?

One of the first questions a person asks themselves after getting a DWI is, “Can I afford an attorney?” At the Law Office of Jason A. Volet, we think you should ask yourself whether you can afford not to hire an attorney. A DWI conviction in New Jersey means you are on the hook for fines, surcharges to the Drunk Driving Enforcement Fund, Violent Crimes Compensation Fund fees, Safe and Secure Community Program fees, and Intoxicated Driving Program fees. These additional costs, plus the increase in your insurance premiums, can mean the loss of thousands of dollars. It doesn’t end there, though. Your drunk driving charge can impact your job, your ability to continue driving, and your financial stability.

Don’t play with your future. Contact a New Jersey DWI defense attorney immediately. Your initial consultation is always free at the Law Office of Jason A. Volet. We can review your situation thoroughly and outline your legal options. Our fee structure is transparent, so you know what to expect. We want to work with you to give you the legal representation you deserve.

A New Jersey DWI conviction can cost you a lot more than money. It can potentially cost you your freedom. Do not take chances with your defense. Work with an experienced drunk driving defense attorney to protect yourself and your future.

Contact a Skilled New Jersey Drunk Driving Defense Attorney

Drunk driving charges and a subsequent DWI conviction can change your life. Drunk driving offenses are serious business in New Jersey. That means you need an aggressive and serious drunk driving defense attorney handling your case. At the Law Office of Jason A. Volet, we have a track record of helping people like you navigate the New Jersey criminal justice system. You have rights, and you deserve effective representation. Let us help you during this challenging time.

After a DWI arrest, immediately contact our New Jersey office for a free and confidential legal consultation. Please do not talk to law enforcement without our drunk driving defense team by your side to ensure your rights are protected. We are here for you 24/7 and want to provide you with comprehensive representation. Call now to get started with one of our New Jersey DWI lawyers.

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